Restrictions and protection of human rights in armed conflict: international and national dimensions
The article analyzes the mechanisms for protecting human rights in armed conflict through the prism of international humanitarian law. The author argues that even in wartime, international human rights standards remain valid, but their implementation is associated with serious challenges, which are caused by both objective circumstances and the imperfection of international accountability mechanisms. Of particular relevance is the issue of respecting the right to life, which is both absolute and a limited category depending on the conditions and legal regime. Attention is paid to the specifics of the application of the legal regime of martial law in Ukraine, justifying the need for temporary restrictions on a number of rights within the principles of proportionality and legitimate aim. Compliance with and implementation of legal norms and the reaction of the international community depend on how correctly and responsibly the parties to the conflict will be able to assess the limits of human rights restrictions. The importance of adhering to the principle of the inevitability of punishment is emphasized not only in relation to individuals, but also in relation to states, which must take all possible measures and measures to prevent human rights violations. Attention is drawn to the role of sanctions as a political and legal instrument of international influence in situations when UN institutional mechanisms are blocked. The article notes the need for synergy between international humanitarian norms, human rights mechanisms, and sanctions policy for the effective protection of human rights during armed conflicts, which is extremely relevant in the context of russian aggression against Ukraine. The international community must continue to strengthen mechanisms to protect human rights and ensure justice for victims of armed conflict, while taking a balanced approach to coercive measures and their consequences. This approach will allow us to reconcile national security priorities with respect, observance, and protection of human rights and freedoms, even in wartime.
Authors
- Olena Biloskurska (ORCID: https://orcid.org/0000-0003-1005-2165)
Institutions
- Human Growth Foundation (US)
Publication Details
- Journal
- Analytical and Comparative Jurisprudence
- Published
- 2025-06-24
- DOI
- https://doi.org/10.24144/2788-6018.2025.03.1.14
- Primary Topic
- International Law and Human Rights
- Type
- article
- Field-Weighted Citation Impact
- 0.00